Illegally obtained evidence in Kenya

Topics: Law, Appeal, Common law Pages: 3 (1116 words) Published: June 19, 2014


Question
‘There is absolutely no difference in approach to illegally obtained evidence among England, U.S and Kenya.’ Required
With close reference to case law (and statute law as appropriate) critically evaluate this averment clearly satisfying whether or not you agree with it.

Evidence which is obtained by means or acts which are illegal or against the law is said to be obtained illegally. Some of the common examples of illegally obtained evidence are such evidence obtained in violation of the constitution and in breach of other statutes. A common way in which evidence is obtained illegally is through illegal searches and illegal seizures e.g. breaking into somebody’s house and obtaining evidence, through deception, threats, bribes inducement or trickery. The issue has to be looked at in two ways

1. Section 20 of Police Act
2. Section 118 of Criminal Procedure Code
Section 20 of the Police Act empowers police officers investigating offences to search any place that they believe has material necessary for the purposes of the investigation. The requirement to get a search warrant may be dispensed with in instances where a police officer believes that the process of getting the warrant is going to cause unreasonable delay. In these instances what is required is that the officer should record in writing the basis upon which they form the opinion that if they go looking for a search warrant there is going to be inordinate delay. S. 118 of the Criminal Procedure Code deals with the power that is given to search places. The power that a Magistrate or police officer may be permitted to search any place, building, ship, aircraft, vehicle, box or receptacle but they have to do this through a certain procedure i.e. Search warrant. Essentially if you search and find something you are allowed to seize it. It could be a thing or document. If you do not have a search warrant the search may be said to be illegal. There are two approaches to illegally...
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